Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Security Pty Ltd

[2021] FWC 1083

[2021] FWC 1083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Chubb Fire & Security Pty Ltd
(B2021/106)

DEPUTY PRESIDENT DEAN SYDNEY, 1 MARCH 2021

Proposed protected action ballot of employees of Chubb Fire & Security Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd (Respondent).

[2] On 1 March 2021, the Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Theo Samartzopoulos of the CEPU made on 23 February 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] Based on the reasons in Transport Workers' Union of Australia v Prosegur Australia Pty Ltd 1, the order is made without the inclusion of the final question sought in the draft order.

[6] An Order has been separately issued in PR727362.

DEPUTY PRESIDENT

 1   [2021] FWC 645.

Printed by authority of the Commonwealth Government Printer

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